Terms & Conditions

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Terms & Conditions

1. Area of applicability
1.1 These Terms and Conditions apply to all deliveries of FILATI eCommerce GmbH to customers who are consumers within the meaning of § 1 Austrian Consumer Protection Act (KSchG).
1.2 Consumers are consumers in terms of Consumer Protection Act (KschG), thus natural or legal persons who are not entrepreneurs. Entrepreneur is someone for whom the commercial transaction is part of the operation of the enterprise. A company is every organisation on a continuing basis of independent economic activity, even if this organisation does not intend to make a profit. Legal persons under public law shall always act as an entrepreneur.

3. Offer and contract conclusion
3.1 The presentation of products in our online shop is not a legally binding offer but an invitation to order. Errors excepted.
3.2 By clicking the order button you place a binding order for the goods in your shopping cart. The confirmation of receipt of your order takes place via e-mail immediately after sending the order and does not constitute an acceptance of the contract. We can accept your order by sending a declaration of acceptance in a separate email or by delivering the goods within 2 days.
3.3 The languages available for the contract conclusion are German and English.
3.4 The contract text will be stored on our internal systems. The General Terms and Conditions can be reviewed at any time on this page. The order data and the General Terms and Conditions will be sent to you via email. After completion of the order, the details of your order are no longer accessible from the internet for security reasons.

4. Right of withdrawal and cancellation policy
4. 1 Consumers have a right of cancellation within fourteen days.

through a clear declaration (e.g. sending a letter by mail, fax or email) about your decision to withdraw from this contract. You can use the attached standard withdrawal form but it is not required.

To observe the period of withdrawal it is sufficient that you send off your message concerning the exercise of the right of cancellation before the period of withdrawal expires.

Effects of withdrawal
If you withdraw from your contract, we have to repay all payments we received from you, including the costs of supply (except the additional costs arising from the fact that you have chosen a different method of delivery than that offered by us which is the cheapest standard delivery), immediately and at the latest within fourteen days from the date on which the notification of the cancellation of your contract has been received. For this redemption we use the same method of payment that you used in the original transaction, unless you expressly agreed otherwise. In no event, you will be charged with fees caused by this repayment. We may withhold reimbursement until we have received the returned goods or until you have demonstrated that you have returned the goods, whichever event occurs first.

You have to return/send back the goods immediately and in any case not later than fourteen days from the date on which you informed us about the cancellation of the contract. The deadline is met if you send back the goods within fourteen days. You have to bear the direct costs of returning the goods.

You shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature and functioning of the goods.

END OF CANCELLATION INSTRUCTIONS

5. Prices and shipping costs
5.1 The stated prices on the product pages are gross sales prices in EUROS and include VAT and other price components.
5.2 Additionally to the indicated product prices, shipping costs are added. Details about the amount of shipping costs can be obtained from the offer.
5.3 For goods imports to countries outside the EU there might arise import duties which shall be borne by the customer. These vary in different customs territories. The customer is responsible for the proper payment of the necessary taxes and charges. Import duties are no shipping costs.
5.4 For deliveries to non-EU countries, we do not indicate VAT.

6. Terms of delivery and self-supply reservation
6.1 All goods can be delivered to any global destination.
6.2 We dispatch all goods. Therefore, the goods cannot be collected by the customer.
6.3 We are committed to forward orders to the respective delivery service on the same day, for all orders received before 12:00 noon. (UTC + 01: 00). If payment is made in advance, the latter is true if cash is received before 12:00 noon (UTC + 01: 00). Shipping days are Monday to Friday (if working day). Excluded are goods in production residue.
6.4 If not all ordered products are in stock, we are entitled to partial deliveries at our expense, to the extent it is reasonable for the customer.
6.5 If the ordered product is not available because we are not supplied with this product by our suppliers without our own fault, we can withdraw from the contract. In this case, we will inform you immediately and may propose to supply a comparable product. If no comparable product is available or you do not wish to order any different comparable product, we will refund any payments already made by the customer without any delay.

7. Risk and Transport
7.1 The risk of accidental loss and the risk of accidental destruction or deterioration of the purchase item passes on to the buyer at the time the goods are handed over to the customer.
7.2 In the case of shipment purchase, the risk noted in 7.1 is passed on to the customer once the goods are handed over to the forwarding agent, carrier or other institution or person eligible for the transport, if the customer has concluded a contract of carriage with any other carrier and did not choose any option proposed by FILATI eCommerce GmbH.
7.2.a If the customer is not a consumer within the meaning of § 1 Austrian Consumer Protection Act (KSchG), then the risk noted in 7.1. is passed on to the customer once the goods are handed over to the forwarding agent, carrier or other institution or person eligible for the transport.
7.3 If the customer is in default of acceptance of the goods, the risk of accidental loss and the risk of accidental destruction or deterioration of the purchase item passes on to the buyer, from the date the default of acceptance begins.

8. Payment
8.1 Payment can be made either in advance, PayPal, Online Bank Transfer, eps-transaction or by credit card.
8.2 If payment is made in advance, we will provide our bank details in the confirmation of order and deliver the goods after payment. The stated invoice amount must be transferred to our bank account within 14 days. If no payment is received within this period, we will assume that you have cancelled your order.
8.3 If you choose to pay by credit card, the charge to your credit card will be made immediately after the order is completed.

9. Retention of title
9.1 Until full payment is made, the goods remain our property.

10. Rights of Return
10.1 The return of ordered products is possible within 90 days. If the invoice amount is € 40.00 or above, it is possible to request a free return label via e-mail (Germany and Austria). Under an invoice amount of € 40.00 you can request a return label (Germany and Austria) for € 3.50.
10.2 The order value (excluding shipping costs) will be refunded via an e-mail coupon code, which can be redeemed at a subsequent order or via a bank transfer to the customer’s bank account or is repaid using same method of payment used in the original transaction if requested by the customer.

11. Warranty
11.1 For the products offered in our shop the statutory warranty rights are applied.

12. Final Provisions
12.1 If specific provisions of the contract with the customer, including these general terms and conditions, are or become totally or partly ineffective, then the validity of the remaining provisions shall not be affected. The wholly or partly ineffective regulation is replaced by a provision that comes closest to the economic purpose of the invalid one.